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Harris County Criminal Lawyer Andy Nolen has had over 400 cases dismissed.
Houston Criminal Lawyer Andy Nolen has over 15 years experience defending drug charges.
The Houston, Texas, criminal defense law firm of Attorney Andy Nolen,  represents people who have been accused of a state crime in Texas, including in
communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River
Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest
Andy Nolen, Houston Criminal Lawyer
Hundreds of Cases Dismissed
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CODE OF CRIMINAL PROCEDURE
CHAPTER 18. SEARCH WARRANTS

Art. 18.01. SEARCH WARRANT.  (a) A "search warrant" is a written order, issued by a
magistrate and directed to a peace officer, commanding him to search for any property or
thing and to seize the same and bring it before such magistrate or commanding him to
search for and photograph a child and to deliver to the magistrate any of the film exposed
pursuant to the order.
(b)  No search warrant shall issue for any purpose in this state unless sufficient facts are
first presented to satisfy the issuing magistrate that probable cause does in fact exist for
its issuance.  A sworn affidavit setting forth substantial facts establishing probable cause
shall be filed in every instance in which a search warrant is requested.  Except as provided
by Article 18.011, the affidavit is public information if executed, and the magistrate's clerk
shall make a copy of the affidavit available for public inspection in the clerk's office during
normal business hours.
(c) A search warrant may not be issued pursuant to Subdivision (10) of Article 18.02 of this
code unless the sworn affidavit required by Subsection (b) of this article sets forth
sufficient facts to establish probable cause:  (1) that a specific offense has been
committed, (2) that the specifically described property or items that are to be searched for
or seized constitute evidence of that offense or evidence that a particular person
committed that offense, and (3) that the property or items constituting evidence to be
searched for or seized are located at or on the particular person, place, or thing to be
searched.  Except as provided by Subsections (d) and (i) of this article, only a judge of a
municipal court of record or county court who is an attorney licensed by the State of Texas,
statutory county court, district court, the Court of Criminal Appeals, or the Supreme Court
may issue warrants pursuant to Subdivision (10), Article 18.02 of this code.
(d) Only the specifically described property or items set forth in a search warrant issued
under Subdivision (10) of Article 18.02 of this code or property, items or contraband
enumerated in Subdivisions (1) through (9) or in Subdivision (12) of Article 18.02 of this
code may be seized.  A subsequent search warrant may be issued pursuant to Subdivision
(10) of Article 18.02 of this code to search the same person, place, or thing subjected to a
prior search under Subdivision (10) of Article 18.02 of this code only if the subsequent
search warrant is issued by a judge of a district court, a court of appeals, the court of
criminal appeals, or the supreme court.
(e) A search warrant may not be issued under Subdivision (10) of Article 18.02 of this code
to search for and seize property or items that are not described in Subdivisions (1)
through (9) of that article and that are located in an office of a newspaper, news
magazine, television station, or radio station, and in no event may property or items not
described in Subdivisions (1) through (9) of that article be legally seized in any search
pursuant to a search warrant of an office of a newspaper, news magazine, television
station, or radio station.
(f) A search warrant may not be issued pursuant to Article 18.021 of this code unless the
sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to
establish probable cause:
(1) that a specific offense has been committed;
(2) that a specifically described person has been a victim of the offense;
(3) that evidence of the offense or evidence that a particular person committed the
offense can be detected by photographic means;  and
(4) that the person to be searched for and photographed is located at the particular place
to be searched.
(g) A search warrant may not be issued under Subdivision (12), Article 18.02, of this code
unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient
facts to establish probable cause that a specific felony offense has been committed and
that the specifically described property or items that are to be searched for or seized
constitute contraband as defined in Article 59.01 of this code and are located at or on the
particular person, place, or thing to be searched.
(h) Except as provided by Subsection (i) of this article, a warrant under Subdivision (12),
Article 18.02 of this code may only be issued by:
(1) a judge of a municipal court of record who is an attorney licensed by the state;
(2) a judge of a county court who is an attorney licensed by the state;  or
(3) a judge of a statutory county court, district court, the court of criminal appeals, or the
supreme court.
(i)  In a county that does not have a judge of a municipal court of record who is an
attorney licensed by the state, a county court judge who is an attorney licensed by the
state, or a statutory county court judge, any magistrate may issue a search warrant under
Subdivision (10) or Subdivision (12) of Article 18.02 of this code.  This subsection is not
applicable to a subsequent search warrant under Subdivision (10) of Article 18.02 of this
code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982,
ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 1, eff.
May 25, 1977.
Sec. (c) amended by Acts 1979, 66th Leg., p. 1124, ch. 536, Sec. 1, eff. June 11, 1979;  
Sec. (e) added by Acts 1979, 66th Leg., p. 1076, ch. 505, Sec. 1, eff. Sept. 1, 1979;  Sec.
(a) amended by Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 3, eff. Sept. 1, 1981;  Sec.
(b) amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 1, eff. Sept. 1, 1981;  Sec.
(f) added by Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 4, eff. Sept. 1, 1981;  Sec. (c)
amended by Acts 1987, 70th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1987;  Secs. (g) and (h)
added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 2, eff. Oct. 18, 1989;  Secs. (c), (h)
amended by and Sec. (i) added by Acts 1991, 72nd Leg., ch. 73, Sec. 1, eff. May 9, 1991;
 Secs. (c), (d), (i) amended by Acts 1995, 74th Leg., ch. 670, Sec. 1, eff. Sept. 1, 1995;  
Subsecs. (c), (h) amended by Acts 1997, 75th Leg., ch. 604, Sec. 1, eff. Sept. 1, 1997;  
Subsec. (b) amended by Acts 1999, 76th Leg., ch. 167, Sec. 1, eff. Aug. 30, 1999;  
Subsec. (d) amended by Acts 1999, 76th Leg., ch. 1469, Sec. 1, eff. June 19, 1999;  
Subsec. (i) amended by Acts 2001, 77th Leg., ch. 1395, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 355, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 748, Sec. 1, eff. September 1, 2007.
Art. 18.011.  SEALING OF AFFIDAVIT.  (a)  An attorney representing the state in the
prosecution of felonies may request a district judge or the judge of an appellate court to
seal an affidavit presented under Article 18.01(b).  The judge may order the affidavit
sealed if the attorney establishes a compelling state interest in that:
(1)  public disclosure of the affidavit would jeopardize the safety of a victim, witness, or
confidential informant or cause the destruction of evidence; or
(2)  the affidavit contains information obtained from a court-ordered wiretap that has not
expired at the time the attorney representing the state requests the sealing of the
affidavit.
(b)  An order sealing an affidavit under this section expires on the 31st day after the date
on which the search warrant for which the affidavit was presented is executed.  After an
original order sealing an affidavit is issued under this article, an attorney representing the
state in the prosecution of felonies may request, and a judge may grant, before the 31st
day after the date on which the search warrant for which the affidavit was presented is
executed, on a new finding of compelling state interest, one 30-day extension of the
original order.
(c)  On the expiration of an order issued under Subsection (b) and any extension, the
affidavit must be unsealed.
(d)  An order issued under this section may not:
(1)  prohibit the disclosure of information relating to the contents of a search warrant, the
return of a search warrant, or the inventory of property taken pursuant to a search warrant;
or
(2)  affect the right of a defendant to discover the contents of an affidavit.
Added by Acts 2007, 80th Leg., R.S., Ch. 355, Sec. 2, eff. September 1, 2007.
Art. 18.02. GROUNDS FOR ISSUANCE.  A search warrant may be issued to search for and
seize:
(1) property acquired by theft or in any other manner which makes its acquisition a penal
offense;
(2) property specially designed, made, or adapted for or commonly used in the
commission of an offense;
(3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling equipment, or gambling
paraphernalia;
(6) obscene materials kept or prepared for commercial distribution or exhibition, subject
to the additional rules set forth by law;
(7) a drug, controlled substance, immediate precursor, chemical precursor, or other
controlled substance property, including an apparatus or paraphernalia kept, prepared, or
manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of a crime;
(10) property or items, except the personal writings by the accused, constituting evidence
of an offense or constituting evidence tending to show that a particular person committed
an offense;
(11) persons;  or
(12) contraband subject to forfeiture under Chapter 59 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982,
ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 2, eff.
May 25, 1977;  Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Sec. 5, eff. Sept. 1,
1981;  Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. Oct. 18, 1989;  Acts 2003, 78th
Leg., ch. 1099, Sec. 16, eff. Sept. 1, 2003.
Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD.  (a)  A
search warrant may be issued to search for and photograph a child who is alleged to be
the victim of the offenses of injury to a child as prohibited by Section 22.04, Penal Code;
sexual assault of a child as prohibited by Section 22.011(a), Penal Code; aggravated
sexual assault of a child as prohibited by Section 22.021, Penal Code; or continuous
sexual abuse of young child or children as prohibited by Section 21.02, Penal Code.
(b) The officer executing the warrant may be accompanied by a photographer who is
employed by a law enforcement agency and who acts under the direction of the officer
executing the warrant.  The photographer is entitled to access to the child in the same
manner as the officer executing the warrant.
(c) In addition to the requirements of Subdivisions (1) and (4) of Article 18.04 of this
code, a warrant issued under this article shall identify, as near as may be, the child to be
located and photographed, shall name or describe, as near as may be, the place or thing
to be searched, and shall command any peace officer of the proper county to search for
and cause the child to be photographed.
(d) After having located and photographed the child, the peace officer executing the
warrant shall take possession of the exposed film and deliver it forthwith to the
magistrate.  The child may not be removed from the premises on which he or she is
located except under Subchapters A and B, Chapter 262, Family Code.
(e) A search warrant under this section shall be executed by a peace officer of the same
sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the
peace officer must be assisted by a person of the same sex as the alleged victim.  The
person assisting an officer under this subsection must be acting under the direction of the
officer and must be with the alleged victim during the taking of the photographs.
Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 1981.  Subsec. (a)
amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 8, eff. Sept. 1, 1983;  Subsec.
(d) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.01, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.11, eff. September 1, 2007.
Art. 18.03. SEARCH WARRANT MAY ORDER ARREST.  If the facts presented to the
magistrate under Article 18.02 of this chapter also establish the existence of probable
cause that a person has committed some offense under the laws of this state, the search
warrant may, in addition, order the arrest of such person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983,
ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Art. 18.04. CONTENTS OF WARRANT.  A search warrant issued under this chapter shall be
sufficient if it contains the following requisites:
(1) that it run in the name of "The State of Texas";
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